Chapter 94A

Section 1. The following words as used in this chapter and in sections seven to nine, inclusive, of chapter twenty, unless the context otherwise requires, shall have the following meanings: ''Affiliate'', any person, or any subsidiary thereof, having either directly or indirectly…

Section 10. The commissioner shall ascertain, by such examination or investigation as the situation may permit or warrant, and after a general public hearing held after due notice, what prices, terms and conditions relative to milk in the several localities and markets in the com…

Section 11. (a) The commissioner, after making an examination and investigation authorized by this chapter and after hearing held after due notice, shall by his order fix the minimum prices paid by milk dealers to other milk dealers, and to producers and consumers for milk receiv…

Section 12. Upon petition in writing, with an affidavit that it is signed by not less than twenty-five per cent of the Massachusetts producers who, during the month of April in the license year next preceding that in which such petition is filed, produced and delivered milk for s…

Section 12A. If any producer is paid by a milk dealer less than the minimum price for the sale or delivery of milk, as fixed by official order or orders of the commissioner, such producer may recover in a civil action against such milk dealer the full amount that would have been …

Section 13. (a) For the purpose of administering this chapter, the commissioner or any employee or other representative designated by the commissioner for the purpose, may enter, at all reasonable hours, every place where milk is being produced, stored, bottled or otherwise packa…

Section 14. (a) No milk dealer shall distribute or sell in any market within the commonwealth milk obtained from a producer or from another milk dealer if such milk was acquired from the producer within the commonwealth at a cost less than the price fixed by the commissioner to b…

Section 14A. Each institution supported in whole or in part by funds of the commonwealth or any political subdivision thereof, shall furnish to the commissioner, upon issue, a copy of each invitation to bid and all related specifications prepared for the purpose of soliciting pro…

Section 15. (a) No sale of milk by a co-operative association to a milk dealer in any market shall be made at less than the applicable minimum prices, terms and conditions of sale as set forth in the orders of the commissioner for milk bought directly from producers who are nonme…

Section 16. (a) The commissioner or his authorized agent, may hold any examination or investigation, or any general or special hearing required or authorized under this chapter, at such places and at such times as the commissioner deems necessary for the proper administration of …

Section 17. (a) Seven days at least before any general hearing, the commissioner shall cause a notice containing a brief but sufficient statement of the subject matter of such hearing to be published as provided in subsection (a) of section nineteen. (b) Three days at least befor…

Section 18. (a) The commissioner may compel the attendance and testimony of witnesses and the production of books and records or any other evidence that relates to the subject matter of any examination, investigation or hearing held under authority of this chapter or of similar p…

Section 19. (a) Each notice of a general hearing and each general order, rule or regulation adopted by the commissioner, shall be published by (1) Posting a copy thereof for public inspection in the main office of the commissioner; (2) Mailing a copy thereof, postage prepaid, add…

Section 2. No provision of this chapter conferring a general power upon the commissioner shall be deemed to be impaired or qualified by the granting to the commissioner of any specific power or powers. Nothing in this chapter shall be construed to empower or authorize the adoptio…

Section 21. Any person aggrieved by any order, rule or regulation adopted by, or other decision of, the commissioner may, by petition filed within twenty days after the publication or service of such order, rule, regulation or decision, obtain a review by the superior court of th…

Section 22. Whoever violates any provision of this chapter or of any effective rule, regulation or order of the commissioner made under this chapter or adopted by the former milk control board under any similar provision of earlier law, except as herein otherwise expressly provid…

Section 22A. When construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, agent or other person acting for or employed by any individual, corporation, company, society or association within the scope of his employment or office, shall…

Section 23. When any agreement, license, rule, regulation or order made or issued pursuant to any relevant federal law shall be in effect in any market or geographical area within the commonwealth, any provision of this chapter, inconsistent or in conflict with such agreement, li…

Section 24. (a) The commissioner may confer with legally constituted authorities of other states and of the United States with respect to uniform milk control within and among such states; may join in conducting joint investigations, holding joint hearings and issuing joint or co…

Section 25. It is hereby declared that the production and distribution of milk is an industry affected with a paramount public interest relating to the public health. The intention and purpose of this chapter is hereby declared to extend to the regulation of said industry and to …

Section 26. If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid…

Section 27. This chapter may be cited as the Milk Control Law.

Section 3. Subject to the supervision and control of the commissioner, the chief shall enforce the provisions of this chapter and all orders, rules and regulations adopted thereunder.

Section 4. (a) No milk dealer, except as provided in subsection (b), shall within the commonwealth buy or receive milk from producers or others, or sell or distribute milk, or pasteurize, bottle, package or otherwise process milk for sale, unless he is duly licensed as provided i…

Section 5. Each person, before engaging in business as a milk dealer, shall make application to the commissioner for a license hereunder, which the commissioner is hereby authorized to grant. Such application shall state the nature of the business to be conducted, the name and pr…

Section 6. The commissioner may decline to grant or renew a license, or may suspend or revoke a license already granted, or may grant a conditional or temporary license, upon due notice and hearing to the applicant or licensee; except that the commissioner may without hearing to …

Section 7. (a) Before declining to grant a license of any type, or suspending or revoking a license, the commissioner shall hold a hearing and grant the applicant or licensee an opportunity to be heard in person or by attorney. A duly attested copy of the order of the commissione…

Section 8. An applicant or licensee aggrieved by any decision of the commissioner may appeal therefrom by filing a petition in the superior court within twenty days after notice of such decision has been given under section nineteen. Upon such appeal, said court may revise or rev…

Section 9. Each milk dealer required to be licensed under this chapter shall pay an annual license fee, as determined annually by the commissioner of administration under the provision of section three B of chapter seven, which shall accompany his application for license; provide…